(SS) Langston v. Commissioner of Social Security
Opinion
Trial Court Opinion
I. INTRODUCTION
16 On July 1, 2020, Monica Perales (“Counsel”), counsel for Plaintiff Barry Lynn Langston (“Plaintiff”), filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b) (“section 406(b)”). (Doc. 24.) On July 2, 2020, the Court issued a minute order requiring Plaintiff and the Commissioner to file their responses in opposition or statements of non-opposition to Counsel’s motion, if any, by no later than July 22, 2020. (Doc. 25.) Plaintiff and the Commissioner were served with copies of the motion for attorney’s fees and the minute order. (Docs. 24, 26.) On July 15, 2020, the Commissioner filed a response, acknowledging that he was not a party to the contingent-fee agreement between Plaintiff and Counsel and therefore “not in a position to either assent or object to the § 406(b) fees that Counsel seeks from Plaintiff’s past-due benefits,” but 26 On June 17, 2019, Andrew Saul became the Commissioner of the Social Security Administration. See https://www.ssa.gov/agency/commissioner.html (last visited by the court on August 26, 2019). He is therefore substituted as the defendant in…